Collins v. Overnite Transp. Co., 105 Cal. App. 4th 171 (2003)

The truck drivers in this case filed a class action, seeking unpaid overtime compensation from their employer, Overnite Transportation Company, a motor carrier. Overnite responded by filing a demurrer, seeking dismissal of the drivers’ claims on the ground that Wage Order No. 9 provides an exemption for motor carriers such as Overnite. The trial court dismissed the action in light of the exemption, and the Court of Appeal affirmed, holding that the Eight-Hour-Day Restoration and Workplace Flexibility Act of 1999 did not eliminate the exemption as the drivers contended.